DRAFT FIREARMS CONTROL BILL

Summary

The Portfolio Committee on Safety and Security is preparing to consider the Firearms Control Bill which will replace the apartheid-era Arms and Ammunitions Act. The bill would impose stronger restrictions on the sale and use of firearms by requiring competency certification prior to licensing, prohibiting most individuals from owning more than one gun for self-defence, and introducing periodic relicensing.

Legislative history

Currently, gun ownership and use are regulated by the Arms and Ammunitions Act, No. 75 of 1969. This apartheid-era legislation has been amended repeatedly over the past thirty years. As a result it has become very fragmented and difficult for the police and courts to interpret and apply.

In 1997, the Minister of Safety and Security determined that there was a need for a comprehensive strategy to control both legal and illegal guns. The National Crime Preventions Centre (NCPC) and the SA Police Services (SAPS) developed such a strategy and presented it to the Cabinet in October 1998. During the ensuing year, NCPS, SAPS, and the Institute for Security Studies conducted research--including a docket survey and an audit of firearms licence holders--and prepared a policy paper. This was approved by Cabinet in September 1999.

The new policy called for more strict regulation of firearms, coupled with an expansion of police powers to enforce these regulations. Given the problems with the existing Act, it was decided to draft new legislation. Cabinet approved a draft bill in November 1999, and this was published in December. A final bill has not yet been tabled in Parliament, due to the State Law Adviser's concerns about the constitutionality of certain provisions of the draft bill. Nevertheless, the Portfolio Committee on Safety and Security has called for submissions on the draft bill, intending to commence public hearings soon after the final bill is tabled--probably later this month.

Provisions of the draft bill

The bill is difficult to summarise due to its length (more than 120 pages) and complexity. Some of its most important provisions are:

• a person under the age of 18 could not obtain a firearm licence, except in certain circumstances;
• an individual applying for a firearm licence would have to obtain a competency certificate attesting to the fact that she or he has no record of mental instability or violence (including domestic violence), understands her or his legal obligations, and has completed training in the safe use of a firearm;
• people would be prohibited from owning automatic firearms, heavy artillery, or any firearm on which the calibre, barrel length, safety mechanism, or identifying marks had been illegally altered (in special circumstances, a person could own one semi-automatic weapon);
• people would only be permitted to buy and sell firearms through a licensed dealer, although this provision would initially be suspended for a five-year transition period;
• firearms would be licensed for specific uses; an individual could only have a licence for one gun for self-defence, but she or he could have additional licences--up to a total of four for occasional hunters or sports-persons, no limit for dedicated sportspersons, businesses or collectors;
• possession of ammunition would be strictly regulated and linked to firearm licensing;
• gun dealers, gun manufactures and gunsmiths would have to have special licences and satisfy trade-specific responsibilities;
• all licences would have to be renewed on a regular basis;
• a licence-holder could be (and, in certain circumstances, would automatically be) declared unfit to possess a firearm if she or he commits certain offences, including offences involving violence, fraud or negligence in the handling or storage of a firearm;
• state-owned firearms would be more tightly controlled and state employees--including defence force personnel not on active operations--would need to have permits to carry firearms;
• the current Firearms Register would be upgraded and firearm dealers would, in most cases, be required to maintain registers linked electronically to this central register;
• the penalty for illegal possession of a firearm would be increased to 15-25 years imprisonment;
• a permit would be required to import or export firearms;
• the police would be given expanded search and seizure powers and individuals found in the vicinity of an illegal firearm could, in some cases, be presumed to be "in possession" of the gun;
• the Registrar of Firearms (the National Commissioner of SAPS) would be able to impose penalties for certain "administrative" transgressions; and
• the Minister of Safety and Security would be empowered to declare certain premises or categories of premises (such as churches) firearm free zones.

Areas of concern

Overall, this bill would provide important new tools to restrict the availability of firearms and combat the scourge of gun violence that has devastated many communities. Many of its provisions deserve strong support. However, a number of matters merit further consideration:

Age of eligibility

Some commentators have argued that the usual minimum age for licensing should be set above 18. The Mayor of Soweto, citing the large number of gun-related deaths among young people, has proposed that the minimum age be raised to 25.

Presumptions

A court would be empowered, in certain circumstances, to presume the guilt of a person charged with an offence in terms of this bill. Some of the presumptions permitted by Chapter 15 are very reasonable. For instance, if a person is charged with failing to report a firearm as being lost, stolen or destroyed, then a court may presume that the firearm is in fact lost, stolen or destroyed if the defendant fails to produce the relevant firearm within seven days. Other presumptions are more dubious. If, for example, an illegal firearm is found on non-residential premises where there are fewer than ten employees, then any of those employees could be presumed guilty of possessing the firearm.

Expiration of declaration of unfitness

If the Registrar or a court declares a person unfit to possess a firearm in terms of Chapter 12, that declaration expires after five years. Some groups have argued that people convicted for crimes of violence or the negligent handling of a firearm should be permanently disqualified from owning a gun.

What we can do

Although the deadline for formal submissions has passed, there is still time to write a letter to the chair of the Portfolio Committee on Safety and Security to express personal or organisational support for strong gun control legislation. You may wish to emphasise some of the provisions of the draft bill, mentioned above, that you think are especially valuable. Address letters to:

The Hon. M. George
Chair, Portfolio Committee on Safety and Security
National Assembly
P.O. Box 15
CAPE TOWN
8000

Faxes may be sent to (021) 403 8676.

The full text of the bill is available on the web. A printed version may be ordered from the Government Printer. Send a cheque or postal order for R5 and a request for Government Gazette No. 20688 of 3 December 1999 to: The Government Printer, Private Bag X85, Pretoria 0001.

See also the SACC submission. Submissions from other groups are available from the Parliamentary Monitoring Group.